DeWine to get Limberios death probe

Sandusky County investigator files restraining order against Limberios family attorney.
Emil Whitis
Feb 3, 2013

The stakes have been raised in the Jacob Limberios death investigation.  

On Friday, less than 24 hours after a Sandusky County prosecutor’s employee filed a restraining order against the Limberios family’s attorney, a lead investigator in the case promised to ask Ohio Attorney General Mike DeWine’s office to take over the investigation. 

Sandusky County Sheriff’s Detective Sean O’Connell has been tasked with re-investigating the March 2 shooting death of Jacob Limberios, 19, who suffered a fatal gunshot wound to the head. 

In a lengthy phone conversation with the Register and the Limberios family’s attorney, Dan McGookey, O’Connell said he planned to ask the Ohio Bureau of Criminal Investigation to review his own investigation, as it’s about 95 percent finished. 

McGookey, however, told O’Connell he wants BCI agents to take over the investigation, given that O’Connell has essentially been investigating the work product of Sandusky County Sheriff Kyle Overmyer, his boss, and other county officials.  

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Click here to read an excerpt from Sunday's 'Between the Lines' editorial page column in today's Sunday Register.

O’Connell said he would “absolutely” ask DeWine’s office to take over the investigation — and he plans to make this request on Monday.  

The investigation into Jacob’s death has been rife with problems from the get-go.   

Sandusky County coroner John Wukie ruled the death an accidental suicide within hours of the incident. Overmyer and a handful of his deputies were also at the shooting scene that night, where they interviewed three people who were in the home with Jacob at the time. All three said Jacob shot and killed himself. 

Deputies left the scene without even collecting the fatal bullet from the home’s ceiling.   

In reviewing the evidence, the Limberios family hired McGookey, of Sandusky to push for answers. 

When Sandusky County leaders refused to re-examine the case, the family had Jacob’s body exhumed and sent to renowned forensic pathologist Cyril Wecht, who called Wukie’s ruling an oxymoron, since a suicide cannot be accidental. 

More importantly, Wecht issued a report Dec. 12 that determined Jacob’s death was most likely a homicide, not a suicide. 

In June, county prosecutor Tom Stierwalt had one of his investigators review the case. That employee, William Kaiser, brought in two of the three witnesses for a lie-detector test conducted by Ohio BCI employee Steven Stechschulte. 

The results: Both witnesses passed with flying colors, according to Kaiser’s report.  

But those results are now being refuted by polygraph experts, said McGookey, who is also gearing up to depose key players in the case, including Wukie, Overmyer, Kaiser and the three people who had been in the home with Jacob. 

When one of McGookey’s employees attempted to deliver a subpoena to Kaiser at his Rice Street home in November, Kaiser cussed at the employee and told her to get off his property. 

This past week, McGookey went to Kaiser’s home to deliver the subpoena.  

“The door was slammed in my face as hard as you can slam a door,” McGookey said. “So I stuck (the paperwork) in the screen door.” 

On Thursday, Kaiser filed a request in Sandusky County Common Pleas Court for a civil protection order against McGookey. In his written request, Kaiser said he knew McGookey was there to serve a subpoena.  

“Knowing that Prosecutor Tom Stierwalt had accepted service of this subpoena via email earlier in the day, I refused to answer the door,” Kaiser’s letter stated. “I went to the door, closed it and locked it, and observed McGookey and his guest sit in my driveway for 10 minutes.” 

The letter continued: “McGookey has engaged in a pattern of harassment and intimidation with the Prosecutor’s Office since May 2012 regarding a suspected suicide death of Jacob Limberios.” 

Sandusky County Common Pleas Court Judge John Dewey is scheduled to review Kaiser’s request for a restraining order at 9 a.m. Friday. McGookey and Kaiser must both attend the hearing, a court clerk said.  

 

Comments

Swamp Fox

McGookey the Register's favorite attorney, who else has a weekly column promoting his business under the guise of a news article with no comments allowed?

John Harville

The Swamp Fox (who often embarrasses the nickname of a great American here) doesn't like McGookey.... makes one wonder.

Swamp Fox

What dislike, I only stated facts, something you ignore most of the time, now that's embarrassing....

Pete

Moderators have removed this comment because it contained Personal information.

The Hero Zone's picture
The Hero Zone

In all fairness, while comments are turned on in my blog, I could somewhat fall into this category. I do my best to keep my writing general and applicable to all without using the soap box I was given as a billboard for my store. There is probably a reason why comments are turned off (maybe you could ask the Mail Bag?) but when it comes to legal advice I'd rather hear it from a lawyer knowledgeable in that field just as I would hope a medical article would be written by someone certified in knowing what she's talking about. To that extent, as my "profession" is a small businessman and sub/pop-culture deep diver I was allowed to author a blog series about those issues.

DEEPsix's picture
DEEPsix

Exactly right FOX... Dan is like Bev and as BEV does, dan does.... Do not be FOXed, these folks are nothing more than foxes in chicken coup.... BUT, the family of this good kid should not suffer because ppl like MaJoy tricked them... Greg M is not what those of us who have known him, to be, and even his brothers in arms(my friends know him) dont trust... It's best THESE CHARACTERS ARE OUT OF THE PICTURE, BUT THEY WILL WANT $$$$ LATER.

goodtime1212

Only know what I read in the paper, ( we know how true and turned around that can be ) but it seems somthing is going on outside the norm. Hope the family gets the truth.

Julie R.

Engaging in a pattern of harrassment and intimidation for trying to serve a subpoena?

I can't wait to see if this Sandusky County Common Pleas Court Judge goes along with that ludicrous crap.

nobodyfromnowhere

Re-read the article. The subpoena had already been served and accepted at his office. There was no reason to be at his residence to serve a subpoena that had already been accepted. It is standard practice that Police officers, Investigators, etc. are served work related subpoenas through their place of employment not their residences. In this case McGookey (sp?) and his employees had no business being at the investigator's home. Had they shown up on my front stoop they would have gotten the same greeting. You don't bring work to their residence. It is very rude, unprofessional, and in poor form.

wiredmama222

No, Kaiser didn't get his subpoena. He refused his, so McGookey took it to his house and he refused it again. So he stuffed it in his screen door and sat in the driveway. The next day the man filed harrassment charges for it.

You cannot charge a man with harassment for trying to deliver a subpoena.

kimi43464's picture
kimi43464

Dead on Julie R...ludicrous crap!!!!

CelindaB

just as Earl implied I am taken by surprise that anyone able to get paid $9465 in one month on the computer. have you read this website FAB33.COM

mamaC

Come on boys.. this is getting ridiculous with the stall tact's and bs your are pulling out now! If you are a officer would you NOT know you would be subpoenaed in cases? Or are you showing you are hiding something by acting like a coward and doing this? I don't know the attorney but I do know Mike & Shannon and this is totally uncalled for! I know they don't want money just the truth with proof of what happened to their son. And honestly what PARENT wouldn't want that? Nobody knows their children like involved parents does! Sandusky County has screwed up from the beginning why can't they just admit it and move on to finding out the real cause. Now if I was in their (Limberios) shoes I would find out the truth and I would sue every last one of these "officials" butts for dragging this out,for delaying their grieving process,the games played and lack of NOT doing their jobs. I wonder how many other cases in sandusky county was covered or not done properly? I pray that the family finds the answers and applauded them for NOT backing down. Shame on the supposedly trusted officials for delaying,hiding, unprofessional-ism and money wasted on something that should of been done right from the start. Don't get me wrong NO money would ever bring a child back But Sandusky County didn't need to put these people threw this and continue to play games almost a year later.And let's face it NOTHING ever changes until money(suing) someone takes place.Not alone that every detail they (limberios) have to know about that night about their precious son no parent ever wants to hear or see. Keep strong Mike & Shannon you guys are setting a good example for others and most importantly Jakes lil girl to stand up for what is right and to question authorities when you know they are totally wrong...

DEEPsix's picture
DEEPsix

Moderators have removed this comment because it contained Personal information.

wiredmama222

Exactly. Why are they acting like there is something to hide? They don't want to answer any questions. Doesn't that strike anyone else as odd?

devilsadvocate

Isn't his wife a judge? I also wonder who a lawyer can get a column (for free) advertising his business.

bondgirlM

I do not believe that Bev McGookey is married to Dan. I think it's a relative by marriage.

Julie R.

I believe you are wrong. According to the auditor's website a Dan L. McGookey and a Beverly K. McGookey own property on Cedar Point Road and Galloway Road ~ so unless there are two attorneys in Sandusky, Ohio named Dan L. McGookey ~ this is the one that's married to the probate court judge.

wiredmama222

Dan and Bev McGookey are husband and wife, I believe.

Simple Enough II

So how did Jacob come into possesion of this revolver? He was 19 not 21 therefore it was illegal for him to purchase or posses it. How does a firearm after "Target shooting" come to still be loaded after removed from the shooting line? How far do we open this up?

Erie Sniper

It is legal for someone between the ages of 18 and 21 to own/possess a handgun, IF it has been gifted to them.

Erie Sniper

Can also carry the handgun if it is not conceled, like when hunting or target shooting.

Simple Enough II

Erie, Thanks, I've looked at the laws and they can be contradictory to say the least. Shame he didn't check to make sure the cylinder was empty before leaving the shooting area.

bmgasser

How do you know he didn't empty the cylinder? Were you there? Oh my we must have a fourth witness!

ski

Why are some of you focusing on the lawyer? Seems to me we've got a family that needs answers, a dead kid that can no longer speak for himself and Sandusky County officials that don't seem to want to respond. I'm no fan of the SR but I think they have actually come up right on this one. As an observation,based on the article above, Mr. Kaiser seems to have his panties in a twist, which may indicate that he knows there is something wrong and is reluctant to admit it.

Swamp Fox

Why focus on the attorny because this article is very much about him, he always receives favorable treatment from the Register and hence some bias from the newspaper on his account of the incident.

Factitious

This article mainly just reports the facts.

wiredmama222

Not this time, Swamp Fox. From the beginning the guys in Sandusky County have been dodging, hiding and refusing to answer the simplist of questions. It has NOTHING to do with McGookey. It has everything to do with THEM. You can't help but wonder why THEY are acting like that.

You can't make someone LOOK bad if you are being honest about the facts....they are doing that on their own. The SR is just reporting the facts this time. What the people in Sandusky County are doing, they are doing to themselves.

West

Maybe someone should be investigating why someone would want to kill Jacob, and why the police, cororner, and others helped cover-up his murder!

Trust me, there is more to this story then what has been told.

happyfeet64

I agree there seems to be alot more to this and I hope the family can get to the bottom of it so they and son can finally be at peace. I can't imagine in my worst nightmares going thru something like this- but good for them not accepting the b.s. that seems to be getting shoveled at them.

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